Jurisdiction(s):
United Kingdom

Dutch Court of Appeal overturns Shell 45% emissions cut order; recognises corporate duty to limit climate change, with implications for cross‑border climate litigation

Published on: 13 November 2024

Published by a Law360 reporter

Legal News

Article summary

Shell persuaded the Hague Court of Appeal that it need not cut its emissions by 45%—or by any figure—by 2030, despite judges accepting campaigners’ argument that the firm owes a duty to the public to curb emissions to confront the climate emergency. There can be no doubt that shielding people from dangerous climate change is a human right, the appeals court stated. It is chiefly for legislators and governments to implement measures that reduce dangerous climate change. The 2021 ruling on appeal from the Hague District Court had directed Shell to lower carbon dioxide output and to bring corporate policy into line with the 2015 Paris climate agreement. Activists hailed the judgment as a landmark first. The action was initiated by Milieudefensie, the Dutch branch of Friends of the Earth, along with more than 17,000 co-claimants in total supporting the case overall...

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